Citation Nr: 0409232
Decision Date: 04/08/04 Archive Date: 04/16/04
DOCKET NO. 97-25 868 ) DATE
)
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On appeal from the
Department of Veterans Affairs Medical & Regional Office
Center in
Fort Harrison, Montana
THE ISSUES
1. Entitlement to an increased rating for residuals of
shrapnel scars to the left buttocks with retained multiple
foreign bodies, to include tender scar and sensory
disturbances associated with gluteal nerve damage, currently
rated as 10 percent disabling.
2. Entitlement to a compensable evaluation for residuals of
shrapnel scars to the right buttocks, to include scarring and
sensory disturbance associated with gluteal nerve damage.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
C. Dillon, Counsel
INTRODUCTION
The veteran served on active duty from February 1968 to
November 1971.
This matter is before the Board of Veterans' Appeals (Board)
on appeal from an August 1996 rating decision from the
Department of Veterans Affairs (VA) Medical & Regional Office
(RO) Center in Ft. Harrison, Montana, that increased the
rating for shrapnel scars of the buttocks from zero to 10
percent.
REMAND
Review of the veteran's claims at this time would be
premature. He was scheduled to appear at a personal hearing
before a Veterans Law Judge in Washington, DC, on April 8,
2004. On March 22, 2004, he indicated that he could not
attend the scheduled hearing and requested instead a video-
conference hearing at the Seattle, Washington, RO. To accord
the veteran due process, he should be scheduled for an
appropriate Board hearing. See 38 C.F.R. § 20.700 (2003).
Accordingly, the case is hereby REMANDED for the following
action:
Schedule the veteran for a video-
conference hearing before a Veterans Law
Judge at the Seattle, Washington, RO, in
accordance with applicable law. A copy of
the notice scheduling the hearing should
be placed in the claims folder.
Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate. The appellant has the right
to submit additional evidence and argument on the matter that
the Board has remanded to the regional office. Kutscherousky
v. West, 12 Vet. App. 369 (1999). The purpose of this REMAND
is to comply with due process considerations. No inference
should be drawn regarding the final disposition of this claim
as a result of this action.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See The Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994),
38 U.S.C.A. § 5101 (West 2002) (Historical and Statutory
Notes). In addition, VBA's Adjudication Procedure Manual,
M21-1, Part IV, directs the ROs to provide expeditious
handling of all cases that have been remanded by the Board
and the Court. See M21-1, Part IV, paras. 8.43 and 38.02.
_________________________________________________
P. M. DILORENZO
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2003).